Sleep apnea decisions — 2001

The veteran's service-connected disabilities became so severe that he was unable to work, qualifying him for a total disability rating based on individual unemployability as of January 6, 1999.

The veteran's appeal is denied as the RO properly assigned a 40 percent rating for lumbosacral strain and granted service connection for residuals of an injury to the sacrum and coccyx with a 10 percent rating. The appeals for increased ratings, compensable evaluations, and total disability based on individual unemployability due to service-connected disabilities are also denied.

The Board has determined that the veteran's sleep apnea was not incurred in or aggravated by active service and is not due to or the result of a service-connected disease or injury. The evidence does not support a finding of direct service connection, nor secondary service connection.

The veteran's claim for a total rating based on individual unemployability due to service-connected disabilities was granted with an effective date of February 11, 2000. The veteran's daughter is also eligible for Dependent's Educational Assistance under Chapter 35.

The Board finds that the veteran's current low back problems are related to his in-service injury, and thus grants service connection for these conditions.

The veteran's service-connected conditions do not render him unable to secure or follow a substantially gainful occupation, and he is therefore denied a total disability rating for compensation based on individual unemployability.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain and bladder cancer, as well as service connection for lung cancer. The decision found that the evidence did not support a higher rating for the lumbosacral strain or bladder cancer, and there was no current lung cancer disability.

The Board denied the veteran's claims for higher ratings for his service-connected right 5th metacarpal joint, left knee injury, and lumbosacral strain disabilities.

The appellant's disabilities, including bilateral hearing loss and hypertension, are sufficient to warrant a permanent and total disability rating for nonservice-connected pension benefits.

The Board denied the veteran's claim of service connection for a lumbosacral spine disability, finding that there was not enough evidence to relate his current condition to his in-service injury.

The Board denied the veteran's claims for earlier effective dates for service connection due to a failure of military personnel to forward his application, finding that there was no legal basis for such an award.

The veteran's claims for increased evaluations for his service-connected knee and back disabilities were denied. The RO continued the current ratings of 10 percent for chondromalacia of both knees, 20 percent for polyarthralgia, and no rating for lumbosacral strain.

The Board has granted an increased rating to 60 percent for the veteran's service-connected low back disability, which is characterized by degenerative disc disease of the lumbosacral spine with multiple herniated discs.

The RO denied the veteran's claim for service connection for arthritis and degenerative joint disease of the lumbosacral spine in a decision dated November 15, 1994. The veteran did not file an appeal.

The Board has determined that the veteran's DDD at L5-S1 with a history of lumbosacral strain warrants a 40 percent disability rating, reflecting severe symptoms including recurring attacks and intermittent relief.

The veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board denied increased evaluations for the veteran's service-connected scars and chronic lumbosacral strain, but granted a noncompensable evaluation for orchialgia.

The veteran's claims for higher ratings for his cervical spine and lumbosacral strain disabilities were denied, but he was granted compensable ratings effective March 13, 1993, and January 4, 1997.

The Board denied the veteran's claim for an increased evaluation of his service-connected chronic lumbosacral strain, maintaining a 20% disability rating. The issue regarding new and material evidence for a cervical spine disorder was also denied.

The Board has determined that the veteran's claims for increased evaluations are denied as there is no evidence showing that his service-connected conditions warrant a rating higher than 20 percent for each condition.